Use of information

The Nail Yard will not collect any information about individuals,  except where it is specifically and knowingly provided by them. Examples  of such information are:

• Your name
• Your mobile telephone number
• Your email address
• Your occupation

The information collected will be used to send you the information  you have requested and to provide information that may be useful to you.  The Nail Yard maintains strict policies to avoid unsolicited  correspondence. We may share non- personal aggregate statistics (group)  data about our site visitors' traffic patterns with partners or other  parties. However, we do not sell or share any information about  individual users.

"Cookies"

The Nail Yard employs "cookies" to provide a better service to its  users. We do not use cookies to store any personally identifying  information from users except to identify a user who has chosen to log  in to the site. We do not use cookies to track user activities beyond  our web site.

Computer profile information

The Nail Yard website automatically detects information relating to  the display properties of your computer. This information is collected  in order to help understand the ways through which people access the  site. This could help us in the future to better support different  platforms such as, for example, mobile telephones and personal digital  assistants (PDAs).

Data protection

Any information submitted to this site is used expressly for the use  of The Nail Yard and the purposes for which you provide it. The Nail  Yard will not pass your information to any other parties unless this is  made clear to you.

Your rights

In addition to the company's safeguards, your personal data is  protected in the UK by the Data Protection Act 1998. This provides  amongst other things that the data we hold about you should be processed  lawfully and fairly. It should be accurate, relevant and not excessive.  The information should be kept up to date, where necessary, and not  retained for longer than is necessary. It should be kept securely to  prevent unauthorised access by other people. If you have concerns about  the processing of your personal data by The Nail Yard you may contact us  info@thenailyard.com. If you find any inaccuracies, we will delete or  correct them promptly.

Policy changes

Any changes to this policy will be posted here.

Security

The Nail Yard treats all the data held with the utmost care and  security. Any details you give will remain completely confidential.

Service interruption

The Nail Yard shall have no liability to you for any interruption or delay in access to this site irrespective of the cause.

Credit Cards

The Nail Yard does not store your credit card details. We use a third party, to collect and process payments who are fully Payment Card Industry Data Security Standard (PCI DSS) compliant and specialise in handling your online payments securely.

Please read these Terms and Conditions carefully before using this site.

ACCEPTANCE OF TERMS

This web site located at www.thenailyard.com (this "Site") is provided by The Nail Yard Ltd ("The Nail Yard"),  conditional on your acceptance of the terms and conditions of use set  forth below (the "Terms and Conditions"). By browsing, accessing,  linking, using and/or downloading information ("Access" or similar term)  from this Site, you agree to accept and abide by these Terms and  Conditions for each use and each visit of this Site. If you do not agree  to these Terms and Conditions, you should not Access this Site.

The Nail Yard provides this Site and all related URLs (the  "Services") to you, subject to these Terms and Conditions. These Terms  and Conditions are entered into between The Nail Yard and you. If you  are using the Services on behalf of another person, you represent that  you are authorized to accept these Terms and Conditions on that person's  behalf. Unless explicitly stated otherwise, these Terms and Conditions  will govern your use of any new features that augment or enhance the  current Services, including the release of new products or services.

Contents

1. Definitions
2. Changes to Terms and Conditions
3. Permitted and Prohibited Uses
4. Copyright and Trademarks
5. Links and Third Party Websites
6. Submission of Information
7. Agreement to Privacy Policy
8. Disclaimers
9. Limit of Liability
10. Indemnity
11. Arbitration
12. Choice of law
13. General
14. Definitions

In addition to the terms defined throughout these Terms and  Conditions, the terms "you", "your" and "yours" refer to the surfer,  customer or purchaser utilizing this Site to obtain Services. The terms  "we", "us" and "our" refer to The Nail Yard.

Changes to Terms and Conditions

The Nail Yard reserves the right, at any time, to modify, add to,  delete from, alter, or update these Terms and Conditions ("Changes"),  and you agree to be bound by such Changes. Changes shall be effective  immediately upon notice thereof, which may be given by any means  including, but not limited to posting on this Site or by electronic or  conventional mail. You agree to regularly review the Terms and  Conditions posted at this Site and to be aware of Changes. Your use of  this Site following any Changes constitutes your agreement to follow and  be bound by these Terms and Conditions as changed.

Permitted and Prohibited Uses

This Site is intended for the lawful use of members of the general  public who are over the age of 16 years. Subject to these Terms and  Conditions, THE NAIL YARD grants you a non-exclusive, non-transferable,  limited right to access, use and view this Site and the information  thereon, including without limitation, all text, design, graphics,  drawings, photographs, video clips, music and sounds, and all trade  marks, service marks and trade names used at this Site and the selection  and arrangements thereof (collectively, the "Content"), solely for your  own personal use, provided, however, that you may not, nor may you  allow others to, directly or indirectly:

• sell, license, rent, reproduce, modify or attempt to modify or  create derivative works from the Content in any way or reproduce or  publicly display, perform, transmit or distribute or otherwise use the  Content for any public or commercial purpose, including without  limitation use of the Content on any other website or in any environment  of networked computers;
• transfer the Content to any other person without the prior written explicit consent of THE NAIL YARD;
• use this Site in any manner that could damage, disable, overburden or impair this Site;
• upload, post or otherwise transmit or distribute on this Site any  items, including without limitation computer viruses, Trojan horses,  worms, backdoor, shutdown mechanism or other harmful, disruptive or  destructive files or computer programs;
• interfere with the security of, or otherwise abuse, this Site or any  Services, system resources, accounts, servers or networks connected to  or accessible through this Site or associated or linked sites;
• infringe on any patent, trade-mark, trade secret, copyright, right  of publicity, or other proprietary right of any person, or impersonate  any person or entity;
• disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
• use any robot, spider or other automatic program or device, or  manual process to monitor, copy, summarize, or otherwise extract  information from this Site or the Content in whole or in part;
• use or attempt to use another's account, password, service, system  or other information without prior written authorization from THE NAIL  YARD, or create or use a false identity on this Site;
• transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
• upload to, distribute to, or otherwise disseminate through this Site  any material or information of any kind that is threatening, harassing,  libelous, defamatory, obscene, pornographic, fraudulent, deceptive,  abusive, or otherwise violates any law or infringes or violates any  rights of any other person or entity, or contains a solicitation of  funds, advertising, or a solicitation for goods or services; or
• attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

You also agree that you are solely responsible for actions and  communications undertaken or transmitted in the course of your usage of  this Site, and that you will comply with all laws that apply or may  apply to your use of or activities on this Site or in respect of the  Content.

Copyright and Trademarks

Unless otherwise noted, all Content is subject to intellectual  property rights including copyrights and trade marks held or licensed by  THE NAIL YARD. You may print or download one copy of the Content on  this Site on a single computer for your personal, non commercial use,  provided you keep intact all copyright and other proprietary notices.  Any other reproduction or use without express prior written permission  from THE NAIL YARD, or THE NAIL YARD's content providers as the case may  be, is strictly prohibited. Except as expressly provided herein, no  license to use or reproduce the Content is given to you and all  intellectual property rights therein are expressly reserved. Systematic  retrieval of data or other Content from this Site to create or compile,  directly or indirectly, a collection, compilation, database or directory  without express prior written permission from THE NAIL YARD is  prohibited.

Links and Third Party Websites

THE NAIL YARD provides to you, on this Site, links to Third Party  Websites operated by other entities. These Third Party Websites will  typically be identifiable through a change to the URL in your Web  browser, though the Site does occasionally contain content from Third  Party Websites within the WEBSITE URL. You agree that this Site provides  no dialogue box or other clear demarcation indicator when you leave  this Site and enter a Third Party Website. Links to Third Party Websites  does not constitute an endorsement, sponsorship or recommendation by  THE NAIL YARD of the Third Party Websites, the entities themselves or of  any content, services or products available on or through such Third  Party Websites. If you use these Third Party Websites, you do so at your  own risk and it is your responsibility to take all protective measures  to guard against viruses and other destructive elements. Links do not  imply that THE NAIL YARD or this Site is affiliated or associated with,  or is legally authorized to use any trade-mark, trade name, logo or  copyright symbol displayed in or accessible through the links, or that  any Third Party Website is authorized to use any trademark, trade name,  logo or copyright symbol of THE NAIL YARD. Third Party Websites may  create other contractual obligations between you and the third party  entity in addition to these Terms and Conditions.

This Site will from time to time contain materials, data or  information provided, posted or offered by third parties, including but  not limited to advertisements. You agree that THE NAIL YARD shall not  have any liability whatsoever to you for any such third party material,  data or information.

Submission of Information

Although THE NAIL YARD may provide certain security in an effort to  protect the electronic transmission of certain information that you  submit to THE NAIL YARD through this Site, THE NAIL YARD does not  guarantee the security of any information transmitted to or from this  Site, including to or from any Third Party Websites linked to this Site.  Submission of any financial (eg. credit card) or other information to  this Site or to any Third Party Websites linked to this Site is entirely  at your own risk and responsibility. Do not send any confidential or  proprietary information to THE NAIL YARD through this Site. Except for  personal information about you, any information you do send to THE NAIL  YARD through this Site will be deemed NOT to be confidential  ("Non-Confidential Information"). For any Non-Confidential Information  you do send, you hereby grant to THE NAIL YARD a worldwide,  royalty-free, perpetual, irrevocable, non-exclusive right and license to  use, reproduce, modify, adapt, publish, translate, distribute and  sublicense any and all material or information submitted by you to this  Site and/or to incorporate it in other works regardless of form, medium  or technology.

Agreement to Privacy Policy

THE NAIL YARD respects your desire for privacy. THE NAIL YARD's  Privacy Policy can be found here. By accessing this Site, you are  consenting to the collection, use and disclosure of your personal  information and to the terms of our Privacy Policy. If we decide to  change our Privacy Policy, we will post the revised Privacy Policy  prominently on this Site or otherwise bring it to your attention, so  that you are always aware of what we do with your information.

Disclaimers

ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE  PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS  PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR  IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS  OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON  INFRINGEMENT. NEITHER THE NAIL YARD,  THEIR AFFILIATES AND RELATED  ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY  CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE CONTENT IS ACCURATE,  RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR  TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT  THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF  THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT  PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THOSE EXCLUSIONS MAY NOT  APPLY TO YOU.

Limit of Liability

IN NO EVENT SHALL THE NAIL YARD,  OR THEIR RESPECTIVE DIRECTORS,  OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES,  SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE  OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL,  PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS  OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES  HOWSOEVER CAUSED WHETHER OR NOT THE NAIL YARD HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO  YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED  ONE-HUNDRED POUNDS STERLING (£100). THE LIMITATIONS OF LIABILITY AND  DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF  ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR  OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE  FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN  EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION  OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NAIL YARD'S  LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED  BY LAW.

Indemnity

You agree to defend, indemnify and hold harmless THE NAIL YARD,  and  their respective directors, officers, partners, employees,  representatives, contractors, affiliates, successors or assigns,  including all third parties mentioned at this Site, from and against any  and all claims, actions or demands, including without limitation  reasonable legal and accounting fees, alleging or resulting from your  use of this Site and the Content or your breach of these Terms and  Conditions or in connection with your use of the Services.

Governing Law

All matters relative to this Agreement shall be governed and  construed in all respects by the law Scotland and the parties hereby  submit to the non-exclusive jurisdiction of the Scottish  Courts.

General

The Privacy Policy is a binding part of these Terms and Conditions,  and together with these Terms and Conditions constitutes the entire  agreement between THE NAIL YARD and you with respect to your use of this  Site. THE NAIL YARD's failure to insist upon or enforce strict  performance of any provision of these Terms and Conditions shall not be  construed as a waiver of any provision or right. If for any reason a  court of competent jurisdiction finds any provision of these Terms and  Conditions or portion thereof to be unenforceable, that provision shall  be enforced to the maximum extent permissible so as to effect the intent  of these Terms and Conditions, and the remainder of these Terms and  Conditions shall continue in full force and effect. Any cause of action  you may have with respect to your use of this Site or which is the  subject of these Terms and Conditions must be commenced within one (1)  year after the claim or cause of action arises. You acknowledge that The  Nail Yard  is a third party beneficiary for all purposes under these  Terms and Conditions.